right to reside

Hello, I would like to answer this question in two ways. One, in a layman's language and second, with all the legal technicalities. For a layman, Wife has a right to reside in the house which is either-owned by the husband, or rented by the husband, or the house which belongs to the joint family of which husband is a member. Since the property in question is owned by the father in law and not the husband, wife has no right to reside in the particular house. So, yes the father in law has the right to vacate his house from the daughter in law. For lawyers' reference, According to Section 17 (1) of Protection of Women from Domestic Violence Act, 2005, "Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same." This means the wife is entitled to claim a right to reside in a shared household. The term shared household has been defined under Section 2(s) of the same Act. It means "a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household." This means a house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. Conclusion- Since the property in question belongs to the father in law, it doesn't fall under the definition of shared household. Hence, the wife has no right to claim right to reside in the particular property. And, the father in law has a right to vacate the property in question from the daughter in law. You may also refer " S.R. Batra & Another Vs. Smt. Taruna Batra"

Hello, I would like to answer this question in two ways. One, in a layman's language and second, with all the legal technicalities. For a layman, Wife has a right to reside in the house which is either-owned by the husband, or rented by the husband, or the house which belongs to the joint family of which husband is a member. Since the property in question is owned by the father in law and not the husband, wife has no right to reside in the particular house. So, yes the father in law has the right to vacate his house from the daughter in law. For lawyers' reference, According to Section 17 (1) of Protection of Women from Domestic Violence Act, 2005, "Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same." This means the wife is entitled to claim a right to reside in a shared household. The term shared household has been defined under Section 2(s) of the same Act. It means "a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household." This means a house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. Conclusion- Since the property in question belongs to the father in law, it doesn't fall under the definition of shared household. Hence, the wife has no right to claim right to reside in the particular property. And, the father in law has a right to vacate the property in question from the daughter in law. You may also refer " S.R. Batra & Another Vs. Smt. Taruna Batra"

The daughter-in-law has no right to use/stay in the house owned by her father-in-law when he (FIL) has already moved the Court for eviction, if she (DIL) did not get an injunction.

Consult a local prudent senior lawyer for better appreciation of facts of the case(s), documents and proper guidance.